공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On March 4, 2016, the Defendant entered into a contract with the Plaintiff on the construction of reinforced concrete (hereinafter “instant construction”) among the said new construction works, setting the construction cost of KRW 462,00,000 (including value-added tax; hereinafter the same shall apply) and the construction period from March 7, 2016 to November 30, 2016 (hereinafter “instant subcontract”).
B. On August 12, 2016, the Plaintiff submitted to the Defendant a written agreement on construction agreement to the effect that “The instant construction project is waived on August 8, 2016 and actively cooperate with the Defendant in the settlement agreement with the Defendant, by reason of the Plaintiff’s failure to continue construction any longer due to the Plaintiff’s circumstances.”
C. Meanwhile, the Defendant’s payment for completed portion based on the instant subcontract to the Plaintiff at KRW 46,20,000 on March 30, 2016, and the same year.
6. 10.84,150,000 won, and the same year;
7.8.91,082,200 Won in total.221,432,200
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the Plaintiff’s assertion was completed by 95% of the construction of the instant case, and the Plaintiff filed the instant lawsuit on the premise that the construction of the instant case was completed, but the said assertion was modified to the effect that 95% of the construction of the instant case was completed through the statement in the preparatory document as of April 21, 2017 (which did not modify the purport of the claim). Accordingly, the Plaintiff’s assertion is to be determined on the basis of
At the Defendant’s request, additional construction work equivalent to KRW 151,580,000, not included in the instant subcontract.
Nevertheless, the defendant paid 301,101,200 won out of the construction cost to the plaintiff and did not pay the remainder of the construction cost.
Therefore, the Defendant’s payment of the construction cost unpaid to the Plaintiff = KRW 312,478,80 = The instant subcontract.